TITLE LXII
CRIMINAL CODE

Chapter 638
FRAUD

Forgery and Fraudulent Practices Generally

Section 638:1

    638:1 Forgery. –
I. A person is guilty of forgery if, with purpose to defraud anyone, or with knowledge that he is facilitating a fraud to be perpetrated by anyone, he:
(a) Alters any writing of another without his authority or utters any such altered writing; or
(b) Makes, completes, executes, authenticates, issues, transfers, publishes or otherwise utters any writing so that it purports to be the act of another, or purports to have been executed at a time or place or in a numbered sequence other than was in fact the case, or to be a copy of an original when no such original existed.
II. As used in this section, "writing" includes printing or any other method of recording information, checks, tokens, stamps, seals, credit cards, badges, trademarks, and other symbols of value, right, privilege, or identification.
III. Forgery is a class B felony if the writing is or purports to be:
(a) A security, revenue stamp, or any other instrument issued by a government, or any agency thereof; or
(b) A check, an issue of stocks, bonds, or any other instrument representing an interest in or a claim against property, or a pecuniary interest in or claim against any person or enterprise.
III-a. Forgery is a class A misdemeanor if the writing is or purports to be a fake or counterfeit certificate of insurance.
IV. All other forgery is a class B misdemeanor.
V. A person is guilty of a class B misdemeanor if he knowingly possesses any writing that is a forgery under this section or any device for making any such writing. It is an affirmative defense to prosecution under this paragraph that the possession was without an intent to defraud.

Source. 1971, 518:1. 1992, 269:15, eff. July 1, 1992. 2019, 281:1, eff. Sept. 17, 2019.

Section 638:2

    638:2 Fraudulent Handling of Recordable Writings. – A person is guilty of a class B felony if, with a purpose to deceive or injure anyone, he falsifies, destroys, removes or conceals any will, deed, mortgage, security instrument or other writing for which the law provides public recording.

Source. 1971, 518:1, eff. Nov. 1, 1973.

Section 638:3

    638:3 Tampering With Public or Private Records. – A person is guilty of a misdemeanor if, knowing he has no privilege to do so, he falsifies, destroys, removes or conceals any writing or record, public or private, with a purpose to deceive or injure anyone or to conceal any wrongdoing.

Source. 1971, 518:1, eff. Nov. 1, 1973.

Section 638:4

    638:4 Issuing Bad Checks. –
I. A person is guilty of issuing a bad check if he issues or passes a check for the payment of money and payment is refused by the drawee, except in cases where a legal stop payment order has been issued or where the drawee refuses payment for any other reason through no fault of the person who issued or passed the check.
I-a. A person who issues or passes a bad check is subject to prosecution in the jurisdiction in which he issued or passed the check.
II. For the purposes of this section, as well as in any prosecution for theft committed by means of a bad check, a person who issues a check for which payment is refused by the drawee is presumed to know that such check would not be paid if he had no account with the drawee at the time of issue.
III. It is an affirmative defense that the actor paid the amount of the check, together with all costs and protest fees, to the person to whom it was due, within 14 days after having received notice that payment was refused. The actor's failure to make such payment within 14 days after receiving notice that payment was refused shall be prima facie evidence of a violation of paragraph I of this section.
IV. (a) Issuing a bad check is:
(1) A class A felony if:
(A) The face amount of the check exceeds $1,500; or
(B) The defendant has 2 or more prior convictions under this section, the present and prior convictions were based on offenses committed within a 12-month period, and the aggregate face amount of the checks underlying the present and prior convictions exceeds $1,500;
(2) A class B felony if:
(A) The face amount of the check exceeds $1,000 but is not more than $1,500; or
(B) The defendant has 2 or more prior convictions under this section, the present and prior convictions were based on offenses committed within a 12-month period, and the aggregate face amount of the checks underlying the present and prior convictions exceeds $1,000 but does not exceed $1,500;
(3) A class A misdemeanor if the face amount of the check does not exceed $1,000 and the actor has been convicted of an offense under this section within the previous 12 months; and
(4) A class B misdemeanor in all other cases.
(b) In any prosecution under subparagraph IV(a), the prosecutor shall prove that the person issued or passed the check knowing or believing that the check would not be paid by the drawee.
(c) Face amounts involved in the issuance of bad checks committed pursuant to one scheme or course of conduct may be aggregated in determining the grade of the offense.
V. In addition to any other sentence which it imposes, the court shall, if restitution is authorized under RSA 651:63, order any person convicted of a violation of this section to make restitution to the person to whom the check was due. Such restitution shall include the amount of the check and may include all reasonable costs and protest fees.
VI. (a) Notwithstanding any other provision of law to the contrary, in any judicial proceeding under this section, a notarized or sworn statement by the bank official who is the keeper of records of the bank upon which the check was drawn shall be admissible as evidence at trial to prove the status or account balance of the person's account on the date the check was issued or passed. The admission of this statement shall eliminate the need for the keeper of records to personally appear and testify before the court.
(b) Nothing in this paragraph shall prevent the person who issued the check for which payment was refused from securing the appearance of the keeper of the records before the court by subpoena or other legal process.

Source. 1971, 518:1. 1979, 265:1. 1983, 378:1, 2. 1985, 163:1. 1989, 269:1-4. 1990, 153:1. 1993, 215:1, 2. 2010, 239:4, eff. July 1, 2010.

Section 638:5

    638:5 Fraudulent Use of Credit Card. –
I. A person is guilty of fraudulent use of a credit card if he uses a credit card for the purpose of obtaining property or services with knowledge that:
(a) The card is stolen; or
(b) The card has been revoked or cancelled; or
(c) For any other reason his use of the card is unauthorized by either the issuer or the person to whom the credit card is issued.
II. "Credit card" means a writing or other evidence of an undertaking to pay for property or services delivered or rendered to or upon the order of a designated person or bearer.
III. (a) Fraudulent use of a credit card is:
(1) A class A felony if:
(A) Property or services are obtained which exceed the value of $1,500; or
(B) The defendant has 2 or more prior convictions under this section, the present and prior convictions were based on offenses committed within a 12-month period, and the aggregate amount of the property or services obtained by the defendant as part of those offenses exceeds $1,500;
(2) A class B felony if:
(A) Property or services are obtained which exceed the value of $1,000 but are not more than the value of $1,500; or
(B) The defendant has 2 or more prior convictions under this section, the present and prior convictions were based on offenses committed within a 12-month period, and the aggregate amount of the property or services obtained by the defendant as part of those offenses exceeds $1,000 but does not exceed $1,500; and
(3) A misdemeanor in all other cases.
(b) The value shall be determined according to the provisions of RSA 637:2, V.

Source. 1971, 518:1. 1979, 265:2. 2010, 239:5, eff. July 1, 2010.

Section 638:5-a

    638:5-a Fraudulent Communications Paraphernalia. –
I. As used in this section, "fraudulent communications paraphernalia" means any device used or intended for use in obtaining any toll telecommunication or cable television service from a company providing either service by rearranging, tampering with, or making any unauthorized connection to any telephone or cable television instrument, equipment or facility of such company in order to avoid the payment, in whole or in part, of the lawful charge for such communication service or to conceal from any such company or any lawful authority, the existence or place of origin or termination of any such service.
II. Any person who wilfully creates, offers, or transfers to another any fraudulent communications paraphernalia or information for creating or using such paraphernalia shall be guilty of a class B felony.
III. Any person who wilfully possesses any fraudulent communications paraphernalia or information for creating or using such paraphernalia shall be guilty of a misdemeanor.
IV. Any person who communicates or causes to be communicated the number or code of an existing, canceled, revoked, expired, or nonexistent credit card issued by a company providing telecommunication services or the numbering or coding system which is employed in the issuance of such credit cards, or any method, scheme, instruction or information on how to fraudulently avoid payment for telecommunication services, with the intent that such number or coding system or information be used to fraudulently avoid the payment of any lawful charges imposed by such company, shall be guilty of a misdemeanor.
V. Any fraudulent communications paraphernalia prohibited under this section may be seized under warrant or incident to a lawful arrest, and, upon conviction of a person for violation of this section, such paraphernalia may be destroyed as contraband by such officers, agents or other persons as shall be designated for that purpose by the attorney general.

Source. 1981, 458:1, eff. Aug. 22, 1981.

Section 638:6

    638:6 Deceptive Business Practices. –
I. A person is guilty of a class B misdemeanor if, in the course of business, he:
(a) Uses or possesses for use, a false weight or measure, or any other device for falsely determining or recording any quality or quantity; or
(b) Sells, offers or exposes for sale, or delivers less than the represented quantity of any commodity or service; or
(c) Takes or attempts to take more than the represented quantity of any commodity or service when as buyer he furnishes the weight or measure; or
(d) Sells, offers or exposes for sale adulterated or mislabeled commodities. "Adulterated" means varying from the standard of composition or quality prescribed by or pursuant to any statute providing criminal penalties for such variance, or set by established commercial usage. "Mislabeled" means varying from the standard of truth or disclosure in labeling prescribed by or pursuant to any statute providing criminal penalties for such variance, or set by established commercial usage; or
(e) Makes a false or misleading statement in any advertisement addressed to the public or to a substantial segment thereof for the purpose of promoting the purchase or sale of property or services.
II. It is an affirmative defense to prosecution under this section that the defendant's conduct was not knowing or reckless.

Source. 1971, 518:1. 1992, 269:16, eff. July 1, 1992.

Section 638:6-a

    638:6-a Dealing in Counterfeit Recordings. –
I. As used in this section, "original recording" means any article on which sounds or images, or both, have been recorded with the authorization of the holder of the copyright for the material recorded. "Counterfeit recording" means any article on which sounds or images, or both, have been copied from an original recording, without the authorization of the holder of the copyright for the material recorded.
II. Any person who sells or rents counterfeit recordings, or possesses counterfeit recordings for the purpose of sale or rental, shall be guilty of a class A misdemeanor if a natural person, or guilty of a class B felony if any other person. Each individual counterfeit recording shall constitute a separate offense.
III. Possession of 5 or more duplicate copies or 20 or more individual copies of counterfeit recordings shall create a rebuttable presumption that such recordings are intended for sale or distribution in violation of this section.

Source. 1995, 175:3, eff. Jan. 1, 1996.

Section 638:6-b

    638:6-b Dealing in Counterfeit Goods. –
I. In this section, " counterfeit mark " means a spurious mark that:
(a) Is applied to, or attached to, or used in connection with in any way, any goods, or packaging of such goods, or any other component of any type or nature that is designed, marketed, or otherwise intended to be used on or in connection with any goods;
(b) Is identical to, or substantially indistinguishable from, a mark registered under RSA 350-A, or the laws of any other state, or that is recorded on the principal register in the United States Patent and Trademark Office and is in use, whether or not the defendant knew the mark was registered; and
(c) By the application or use of such mark, is likely to cause confusion, to cause mistake, or to deceive.
II. Any person who purposely or knowingly manufactures, displays, advertises, distributes, offers for sale, sells or possesses with intent to sell, or distributes any goods bearing or identified by a counterfeit mark shall be guilty of a class A misdemeanor for a first offense and a class B felony for any subsequent offense. Each individual good bearing or identified by a counterfeit mark shall constitute a separate offense.
III. Evidence that a person had possession, custody, or control of more than 25 items bearing a counterfeit mark shall be prima facie evidence that the person had possession with the intent to sell or distribute the items.
IV. Any goods that bear or consist of a counterfeit mark used in committing a violation of this section shall be subject to forfeiture to the state of New Hampshire and no property right shall exist in such property. At the conclusion of all criminal proceedings, the court shall order such items be destroyed or disposed of in another manner with the written consent of the trademark owner.
V. (a) The following property is subject to forfeiture for an offense under this section:
(1) Any property used by the defendant in any manner to facilitate, aid, or abet, a violation of this section; and
(2) Any property constituting or derived from any proceeds obtained by the defendant, either directly or indirectly, as a result of a violation of this section.
(b) Such property may be seized by a law enforcement agency for forfeiture as follows:
(1) Pursuant to a search warrant or seizure warrant on an affidavit under oath demonstrating that probable cause exists for its forfeiture;
(2) Physically, on probable cause to believe that the property is subject to forfeiture; or
(3) Constructively, on probable cause to believe that the property is subject to forfeiture under this section, by recording a notice of pending forfeiture in the registry of deeds in the county where the real property is located or at the town clerk's office where the person's property is located stating that the state intends to seek forfeiture of the identified property pursuant to this section.
(c) A seizure for forfeiture without process under subparagraph (b)(2) or (b)(3) shall be reasonable if made under circumstances in which a warrantless seizure or arrest would be valid in accordance with state law.
(d) The seizing agency shall notify the defendant within 7 days of any seizure of property of its intent to forfeit the property pursuant to this section.
(e) The forfeiture of any property or item under this paragraph shall be governed by RSA 595-A:6. The state shall have the burden of proving by a preponderance of the evidence that the property is subject to forfeiture. Except in the case of proceeds, upon a finding that the property is subject to forfeiture, the court shall determine whether the forfeiture of the property is not excessive in relation to the underlying criminal offense. In making this determination, the court shall consider whether in addition to any pertinent considerations:
(1) There is a substantial connection between the property to be forfeited and the underlying offense;
(2) Criminal activities conducted by or through the use of the property were extensive; and
(3) The value of the property to be forfeited greatly outweighs the cost of prosecution and the harm caused by the criminal conduct.
(f) Final orders for forfeiture shall be implemented by the seizing agency and all proceeds of the forfeiture shall go to that agency.
(g) At the request of any party to the forfeiture proceeding, the court shall grant a continuance until the final resolution of any criminal proceedings which were brought against a party under this section and which arose from the transaction which gave rise to the forfeiture proceeding. No party's interest in property shall be forfeited unless a party has been found guilty of the underlying charge.
VI. The court may order a person convicted under this section to pay restitution pursuant to RSA 651:63 to the trademark owner and to any other person the court may determine. Any restitution ordered by the court shall include, but is not limited to, attorney's fees, court costs, and any other expenses incurred by the trademark owner in the investigation and prosecution of the case.

Source. 2009, 209:9. 2010, 312:1, eff. July 13, 2010.

Section 638:7

    638:7 Commercial Bribery. –
I. A person is guilty of commercial bribery when, without the consent of employer or principal, contrary to the best interests of the employer or principal:
(a) He confers, offers, or agrees to confer upon the employee, agent or fiduciary of such employer or principal, any benefit with the purpose of influencing the conduct of the employee, agent or fiduciary in relation to his employer's or principal's affairs; or
(b) He, as an employee, agent or fiduciary of such employer or principal, solicits, accepts or agrees to accept any benefit from another upon an agreement or understanding that such benefit will influence his conduct in relation to his employer's or principal's affairs: provided that this section does not apply to inducements made or accepted solely for the purpose of causing a change in employment by an employee, agent or fiduciary.
II. A person is also guilty of commercial bribery if he holds himself out to the public as being engaged in the business of making disinterested selection, appraisal or criticism of goods or services and he solicits, accepts, or agrees to accept any benefit to influence his selection, appraisal or criticism.
III. (a) Commercial bribery is:
(1) A class A felony if the value of the benefit referred to in paragraphs I and II is more than $1,500;
(2) A class B felony if the value of the benefit referred to in paragraphs I and II is more than $1,000, but is not more than $1,500; and
(3) A misdemeanor in all other cases.
(b) The value shall be determined according to the provisions of RSA 637:2, V.

Source. 1971, 518:1. 1979, 265:3-5. 2010, 239:6, eff. July 1, 2010.

Section 638:8

    638:8 Sports Bribery. –
I. A person is guilty of sports bribery if:
(a) With a purpose to influence any participant or prospective participant not to give his best efforts in a publicly exhibited contest, he confers or offers or agrees to confer any benefit upon or threatens any injury to such participant or prospective participant; or
(b) With a purpose to influence an official in a publicly exhibited contest to perform his duties improperly, he confers or offers or agrees to confer any benefit upon or threatens any injury to such official; or
(c) With a purpose to influence the outcome of a publicly exhibited contest, he tampers with any person, animal or thing contrary to the rules and usages purporting to govern such a contest; or
(d) He knowingly solicits, accepts or agrees to accept any benefit, the giving of which would be criminal under subparagraph I(a) or (b).
II. (a) Sports bribery is:
(1) A class A felony if the benefit referred to in subparagraphs I(a), (b) or (d), or the value of the benefit gained or to be gained from influencing the outcome of a contest as referred to in subparagraph I(c), exceeds $1,500 or if the injury threatened in subparagraphs I(a) or (b) is a serious bodily injury;
(2) A class B felony in all other cases.
(b) The value shall be determined according to the provisions of RSA 637:2, V.

Source. 1971, 518:1. 1979, 265:6. 2010, 239:7, eff. July 1, 2010.

Section 638:9

    638:9 Fraud on Creditors. –
A person is guilty of a misdemeanor if:
I. He destroys, removes, conceals, encumbers, transfers or otherwise deals with property subject to a security interest with a purpose to hinder enforcement of that interest; or
II. Knowing that proceedings have been or are about to be instituted for the appointment of a person entitled to administer property for the benefit of creditors, he
(a) Destroys, removes, conceals, encumbers, transfers or otherwise deals with any property with a purpose to defeat or obstruct the claim of any creditor, or otherwise to obstruct the operation of any law relating to administration of property for the benefit of creditors; or
(b) Presents to any creditor or to an assignee for the benefit of creditors, orally or in writing, any statement relating to the debtor's estate, knowing that a material part of such statement is false.

Source. 1971, 518:1, eff. Nov. 1, 1973.

Section 638:10

    638:10 Frauds on Depositors. –
A person is guilty of a misdemeanor if:
I. As an officer, manager, or other person participating in the direction of a financial institution, as defined in RSA 637:10, IV(a), he receives or permits receipt of a deposit or other investment knowing that the institution is or is about to become unable, from any cause, to pay its obligations in the ordinary course of business; and
II. He knows that the person making the payment to the institution is unaware of such present or prospective inability.

Source. 1971, 518:1, eff. Nov. 1, 1973.

Section 638:11

    638:11 Misapplication of Property. –
I. A person is guilty of a misdemeanor if he deals with property that has been entrusted to him as a fiduciary, or property of the government or of a financial institution, in a manner which he knows is a violation of his duty and which involves substantial risk of loss to the owner or to a person for whose benefit the property was entrusted.
II. As used in this section, "fiduciary" includes any person carrying on fiduciary functions on behalf of a corporation or other organization which is a fiduciary. "Government" and "financial institution" have the meanings given in RSA 637:10, IV. "Property" has the meaning given in RSA 637:2, I.

Source. 1971, 518:1, eff. Nov. 1, 1973.

Section 638:12

    638:12 Fraudulent Execution of Documents. – A person is guilty of a misdemeanor if, by deception or threat, he causes another to sign or execute any instrument which affects or is likely to affect the pecuniary interest of any person.

Source. 1971, 518:1, eff. Nov. 1, 1973.

Section 638:13

    638:13 Use and Possession of Slugs. –
I. A person is guilty of a violation if:
(a) With a purpose to defraud the supplier of property or a service offered or sold by means of a coin machine, he inserts, deposits or uses a slug in that machine; or
(b) He makes, possesses, or disposes of a slug with the purpose of enabling a person to use it fraudulently in a coin machine.
II. As used in this section, "coin machine" means any mechanical or electronic device or receptacle designed to receive a coin or bill of a certain denomination, or a token made for the purpose; and in return for the insertion or deposit thereof, automatically to offer, provide, assist in providing or permit the acquisition of property or a public or private service. "Slug" means any object which, by virtue of its size, shape or other quality, is capable of being inserted, deposited, or otherwise used in a coin machine as an improper substitute for a genuine coin, bill or token.

Source. 1971, 518:1. 1990, 60:4, eff. Jan. 1, 1991.

Section 638:14

    638:14 Unlawful Simulation of Legal Process. – A person is guilty of a misdemeanor who, with a purpose to procure the compliance of another with a request made by such person, knowingly sends, mails or delivers to such person a notice or other writing which has no judicial or other sanction, but which in its format or appearance simulates a summons, complaint, court order or process, including, but not limited to, lien, indictment, warrant, injunction, writ, notice, pleading, subpoena, or order, or an insignia, seal or printed form of a federal, state or local government or an instrumentality thereof, or is otherwise calculated to induce a belief that it does have a judicial or other official sanction.

Source. 1971, 518:1. 2003, 168:2, eff. Jan. 1, 2004.

Section 638:15

    638:15 Fraud on the Women, Infants, and Children (WIC) Program. –
I. A person is guilty of fraud on the women, infants, and children program if he is a vendor who embezzles, purposely misapplies, steals, or obtains by fraud or theft any funds, assets, or property provided under RSA 132:12-a or if he receives, conceals, or retains such funds, assets, or property for his own use, knowing them to have been embezzled, purposely misapplied, stolen, or obtained by fraud or theft.
II. Fraud on the women, infants, and children program is:
(a) A class A felony where the value of the funds, assets, or property exceeds $1,500;
(b) A class B felony where the value of the funds, assets, or property exceeds $500, but is not more than $1,500;
(c) A misdemeanor in all other cases.
III. A person is guilty of a misdemeanor if he is a participant who:
(a) By a purposely false statement or misrepresentation or by impersonation or other purposely fraudulent act or device attempts to obtain or obtains funds under RSA 132:12-a to which he is not entitled.
(b) Purposely and knowingly aids or abets any person, by a purposely false statement or misrepresentation or by impersonation or other purposely fraudulent act or device, to attempt to obtain or obtain funds under RSA 132:12-a to which the person is not entitled.
(c) Purposely fails to disclose the receipt of property, wages, income, or resources or any change in circumstances that would affect his eligibility for assistance under RSA 132:12-a, to obtain funds or assistance to which he is not entitled.

Source. 1981, 307:4. 2010, 239:8, eff. July 1, 2010.

Section 638:15-a

    638:15-a False Academic Documentation. –
I. A person is guilty of a class A misdemeanor if such person knowingly does any of the following:
(a) Falsely creates, alters, or assists in the false creation or alteration of an academic degree.
(b) Solicits from another the false creation or alteration of an academic degree.
(c) Uses, offers, or presents as authentic a falsely created or altered academic degree.
(d) Sells, gives, purchases, or obtains, or assists in the selling, giving, purchasing, or obtaining of a false academic degree.
(e) Makes a false written representation relating to the person's academic degree, or makes a false written representation that the person has received an academic degree from a specific secondary, postsecondary, or professional institution, or governmental program, in the application for:
(1) Employment.
(2) Admission to any educational program.
(3) An award, honor, or other recognition.
(4) The issuance of an academic degree to the person himself or herself.
II. In this section, " academic degree " means a diploma, certificate, license, academic transcript, or other document which signifies or purports to signify the completion of the academic requirements of a secondary, postsecondary, professional, or governmental program of study.

Source. 2001, 46:1, eff. June 8, 2001.

Computer Crime

Section 638:16

    638:16 Computer Crime; Definitions. –
For the purpose of this subdivision:
I. " Access " means to instruct, communicate with, store data in, retrieve data from, intercept data from, or otherwise make use of any computer, computer network, computer program, computer software, computer data, or other computer resources.
II. " Authorization " means the express or implied consent given by a person to another, including, but not limited to, a fiduciary under RSA 554-A, to access or use said person's computer, computer network, computer program, computer software, password, identifying code, or personal identification number.
III. " Computer " means an electronic, magnetic, optical, electrochemical, or other high speed data processing device performing logical, arithmetic, or storage functions, and includes any data storage facility or communication facility directly related to or operating in conjunction with such device. The term " computer " includes any connected or directly-related device, equipment, or facility which enables the computer to store, retrieve, or communicate computer programs, computer data, or the results of computer operations to or from a person, another computer, or another device, but such term does not include an automated typewriter or typesetter, a portable hand-held calculator, or other similar device.
IV. " Computer contaminant " means any set of computer instructions that are designed to modify, damage, destroy, record, or transmit information within a computer, computer system, or computer network without the authorization of the owner of the information. They include, but are not limited to, a group of computer instructions commonly called viruses or worms, that are self-replicating or self-propagating and are designed to contaminate other computer programs or computer data, consume computer resources, modify, destroy, record, or transmit data, or in some other fashion usurp the normal operation of the computer, computer program, computer operations, computer services, or computer network.
V. " Computer data " means any representation of knowledge, facts, concepts, instruction, or other information computed, classified, processed, transmitted, received, retrieved, originated, stored, manifested, measured, detected, recorded, reproduced, handled, or utilized by a computer, computer network, computer program, or computer software, and may be in any medium, including, but not limited to, computer print-outs, microfilm, microfiche, magnetic storage media, optical storage media, punch paper tape, or punch cards, or it may be stored internally in read-only memory or random access memory of a computer or any other peripheral device.
VI. " Computer network " means a set of connected devices and communication facilities, including more than one computer, with the capability to transmit computer data among them through such communication facilities.
VII. " Computer operations " means arithmetic, logical, storage, display, monitoring, or retrieval functions or any combination thereof, and includes, but is not limited to, communication with, storage of data in or to, or retrieval of data from any device and the human manual manipulation of electronic magnetic impulses. A " computer operation " for a particular computer shall also mean any function for which that computer was designed.
VIII. " Computer program " means an ordered set of computer data representing instructions or statements, in a form readable by a computer, which controls, directs, or otherwise influences the functioning of a computer or computer network.
IX. " Computer software " means one or more computer programs, existing in any form, or any associated operational procedures, manuals, or other documentation.
X. " Computer services " means computer access time, computer data processing, or computer data storage, and the computer data processed or stored in connection therewith.
XI. " Computer supplies " means punch cards, paper tape, magnetic tape, magnetic disks or diskettes, optical disks or diskettes, disk or diskette packs, paper, microfilm, and any other tangible input, output, or storage medium used in connection with a computer, computer network, computer data, computer software, or computer program.
XII. " Computer resources " includes, but is not limited to, information retrieval, computer data processing, transmission and storage, and any other functions performed, in whole or in part, by the use of a computer, computer network, computer software, or computer program.
XIII. " Financial instrument " includes, but is not limited to, any check, draft, warrant, money order, note, certificate of deposit, letter of credit, bill of exchange, credit or debit card, transaction authorization mechanism, marketable security, or any computerized representation thereof.
XIV. " Owner " means any person who owns or leases or is a licensee of a computer, computer network, computer data, computer program, computer software, computer resources, or computer supplies.
XV. " Person " means any natural person, general partnership, limited partnership, trust, association, corporation, joint venture, or any state, county, or municipal government and any subdivision, branch, department, or agency thereof.
XVI. " Property " includes:
(a) Real property;
(b) Computers and computer networks;
(c) Financial instruments, computer data, computer programs, computer software and all other personal property regardless of whether they are:
(1) Tangible or intangible;
(2) In a format readable by humans or by a computer;
(3) In transit between computers or within a computer network or between any devices which comprise a computer; or
(4) Located on any paper or in any device on which it is stored by a computer or by a human; and
(d) Computer services.

Source. 1985, 139:1. 2002, 261:1, eff. Jan. 1, 2003. 2019, 140:2, eff. June 25, 2019.

Section 638:17

    638:17 Computer Related Offenses. –
I. A person is guilty of the computer crime of unauthorized access to a computer or computer network when, knowing that the person is not authorized to do so, he or she knowingly accesses or causes to be accessed any computer or computer network without authorization. It shall be an affirmative defense to a prosecution for unauthorized access to a computer or computer network that:
(a) The person reasonably believed that the owner of the computer or computer network, or a person empowered to license access thereto, had authorized him or her to access; or
(b) The person reasonably believed that the owner of the computer or computer network, or a person empowered to license access thereto, would have authorized the person to access without payment of any consideration; or
(c) The person reasonably could not have known that his or her access was unauthorized.
II. A person is guilty of the computer crime of theft of computer services when he or she knowingly accesses or causes to be accessed or otherwise uses or causes to be used a computer or computer network with the purpose of obtaining unauthorized computer services.
III. A person is guilty of the computer crime of interruption of computer services when the person, without authorization, knowingly or recklessly disrupts or degrades or causes the disruption or degradation of computer services or denies or causes the denial of computer services to an authorized user of a computer or computer network.
IV. A person is guilty of the computer crime of misuse of computer or computer network information when:
(a) As a result of his or her accessing or causing to be accessed a computer or computer network, the person knowingly makes or causes to be made an unauthorized display, use, disclosure, or copy, in any form, of data residing in, communicated by, or produced by a computer or computer network; or
(b) The person knowingly or recklessly and without authorization:
(1) Alters, deletes, tampers with, damages, destroys, or takes data intended for use by a computer or computer network, whether residing within or external to a computer or computer network; or
(2) Intercepts or adds to data residing within a computer or computer network; or
(c) The person knowingly receives or retains data obtained in violation of subparagraph (a) or (b) of this paragraph; or
(d) The person knowingly uses or discloses any data he or she knows or believes was obtained in violation of subparagraph (a) or (b) of this paragraph.
V. A person is guilty of the computer crime of destruction of computer equipment when he or she, without authorization, knowingly or recklessly tampers with, takes, transfers, conceals, alters, damages, or destroys any equipment used in a computer or computer network, or knowingly or recklessly causes any of the foregoing to occur.
VI. A person is guilty of the computer crime of computer contamination if such person knowingly introduces, or causes to be introduced, a computer contaminant into any computer, computer program, or computer network which results in a loss of property or computer services.

Source. 1985, 139:1. 2002, 261:2, eff. Jan. 1, 2003.

Section 638:18

    638:18 Computer Crime Penalties. –
I. Computer crime constitutes a class A felony if the damage to or the value of the property or computer services exceeds $1,500, or if the person has previously been convicted of violating RSA 638:17, II, IV, or VI, or any other statute prohibiting the same conduct in another state, territory, or possession of the United States.
II. Computer crime constitutes a class B felony if:
(a) The damage to or the value of the property or computer services exceeds $1,000 but is not more than $1,500;
(b) The person recklessly engages in conduct which creates a risk of serious physical injury to another person; or
(c) The person is guilty of violating RSA 638:17, II, IV, or VI.
III. Computer crime is a misdemeanor if the damage to or the value of the property or computer services, if any, is $1,000 or less.
IV. If a person has gained money, property, or services or other consideration through the commission of any offense under RSA 638:17, upon conviction thereof, the court, in addition to any sentence of imprisonment or other form of sentence authorized by RSA 651, may, in lieu of imposing a fine, sentence the defendant to pay an amount, fixed by the court, not to exceed double the amount of the defendant's gain from the commission of such offense. In such case, the court shall make a finding as to the amount of the defendant's gain from the offense and, if the record does not contain sufficient evidence to support such finding, the court may conduct a hearing upon the issue. For the purpose of this section, "gain" means the amount of money or the value of property or computer services or other consideration derived.
V. For the purposes of this section:
(a) The value of property or computer services shall be:
(1) The market value of the property or computer services at the time of the violation; or
(2) If the property or computer services are unrecoverable, damaged, or destroyed as a result of a violation of RSA 638:17 the cost of reproducing or replacing the property or computer services at the time of the violation.
(b) Amounts included in violations of RSA 638:17 committed pursuant to one scheme or course of conduct, whether from the same person or several persons, may be aggregated in determining the grade of the offense.
(c) When the value of the property or computer services or damage thereto cannot be satisfactorily ascertained, the value shall be deemed to be $500.

Source. 1985, 139:1. 2007, 137:1, 2. 2010, 239:9, 10, eff. July 1, 2010.

Section 638:19

    638:19 Venue. –
I. In any prosecution for a violation of RSA 638:17 the offense shall be deemed to have been committed in the town in which the act occurred or in which the computer system or part thereof involved in the violation was located.
II. In any prosecution for a violation of RSA 638:17 based upon more than one act in violation thereof, the offense shall be deemed to have been committed in any of the towns in which any of the acts occurred or in which a computer system or part thereof involved in a violation was located.
III. If any act performed in furtherance of the offenses prohibited by RSA 638:17 occurs in this state or if any computer system or part thereof accessed in violation of RSA 638:17 is located in this state, the offense shall be deemed to have occurred in this state.

Source. 1985, 139:1, eff. Jan. 1, 1986.

Insurance Fraud

Section 638:20

    638:20 Insurance Fraud. –
I. In this section:
(a) " Bidding " includes a bid made as any contractor, general contractor, or subcontractor.
(b) " Financial interest " means any direct or indirect interest in the entity, whether as an owner, partner, officer, manager, employee, agent, consultant, advisor, or representative, but does not include an employee who does not participate in management of the entity and ownership in a mutual or common investment fund that holds securities unless the person participates in the management of the fund.
(c) " Insurance policy " includes an actual or purported insurance policy.
(d) " Insurer " includes any insurance company, health maintenance organization, or reinsurance company, or broker or agent thereof, or insurance claims adjuster.
(e) " Participating in public works projects " means bidding or working on any public works project or holding any financial interest in any entity bidding or working on any public works project.
(f) " Public works project " means any construction project financed by public funds.
(g) " Statement " includes, but is not limited to, any notice, statement, proof of loss, bill of lading, receipt of payment, invoice, account, estimate of property damages, bill for service, diagnosis, prescription, hospital or doctor records, x-rays, test results, or other evidence of loss, injury, or expense.
I-a. [Repealed.]
II. A person is guilty of insurance fraud, if, such person knowingly and with intent to injure, defraud or deceive any insurer, conceals or causes to be concealed from any insurer a material statement, or presents or causes to be presented to any insurer, or prepares with knowledge or belief that it will be so presented, any written or oral statement including computer-generated documents, knowing that such statement contains any false, incomplete or misleading information which is material to:
(a) An application for the issuance of any insurance policy.
(b) The rating of any insurance policy.
(c) A claim for payment or benefit pursuant to any insurance policy.
(d) Premiums on any insurance policy.
(e) Payments made in accordance with the terms of any insurance policy.
III. A person is guilty as an accomplice to insurance fraud, if, with a purpose to injure, defraud or deceive any insurer, the person assists, abets, solicits or conspires with another to commit insurance fraud, as defined in paragraph II of this section.
IV. (a) Insurance fraud is:
(1) A class A felony if the value of the fraudulent portion of the claim for payment or other benefit pursuant to an insurance policy is more than $1,500.
(2) A class B felony if the value of the fraudulent portion of the claim for payment or other benefit pursuant to an insurance policy is more than $1,000, but not more than $1,500.
(3) A misdemeanor in all other cases.
(b) The value shall be determined according to the provisions of RSA 637:2, V.
V. [Repealed.]
VI. In addition to any other penalty authorized by law, any person convicted of violating subparagraphs II(a), (b), or (d) relative to a workers' compensation insurance policy shall, as a condition of his or her sentence, be prohibited from participating in any public works projects for a period of no less than one year and no more than 3 years and shall be ordered to pay restitution to its workers' compensation carrier, as determined by the sentencing court. Any person convicted of a third or subsequent violation may, as a condition of his or her sentence, be permanently banned from participating in any public works projects. For the purposes of this paragraph, " restitution " means the difference between the premium actually charged and the premium amount that would have been charged if accurate information had been provided to the carrier, provided that the carrier is not compensated by the offender more than once.
VII. The commissioner of the department of administrative services shall maintain a list of persons who have been banned from participating in public works projects under this section. Such list shall be a public record under 91-A.

Source. 1991, 248:1. 1993, 239:4, 5. 1996, 285:257. 2001, 224:12, II. 2008, 378:5, 6. 2010, 239:11, eff. July 1, 2010.

Section 638:20-a

    638:20-a Venue. –
I. In any prosecution for a violation of RSA 638:20, the offense shall be deemed to have been committed in any of the following locations:
(a) The county or judicial district in which any element of the offense was committed;
(b) The county or judicial district of the purported loss;
(c) The county or judicial district in which the insurance policy provides coverage;
(d) The county or judicial district in which the insurer or the insurer's agent received the false statement or application; or
(e) The county or judicial district in which money was received for the fraudulent act.
II. If any violation of RSA 638:20 has been deemed to have occurred in any of the locations listed in paragraph I, the prosecution for all the related violations may be brought together in any of the counties or judicial districts.

Source. 2013, 234:1, eff. Jan. 1, 2014.

Wireless Telephone Cloning

Section 638:21

    638:21 Definitions. –
In this subdivision:
I. "Access device" means property consisting of any telephone calling card number, credit card number, account number, mobile identification number electronic serial number, personal identification number, or any other data intended to control or limit access to telecommunications or other computer networks in either human readable or computer readable form, either copy or original, that can be used to obtain telephone service.
II. "Clone" means to program or reprogram a wireless telephone or access device with an electronic serial number, mobile identification number, or personal identification number which has been obtained from a registered wireless telephone without the consent of the telecommunication service provider.
III. "Defaced access device" means any cloned wireless telephone or access device in either human readable or computer readable form, either copy or original, which has been removed, erased defaced, altered, destroyed, covered, or otherwise changed in any manner from its original configuration. In any prosecution regarding a defaced access device, any removal, erasure, defacement, alteration, destruction, covering, or other change in such access device from its original configuration performed by any person other than an authorized manufacturer of, or service provider to, access devices shall be presumed to be for an unlawful purpose.
IV. "Manufacture" means to produce or assemble, modify, alter, program, or re-program any wireless telephone or reader without the consent of the telecommunication service provider.
V. "Reader" means a device which is capable of, or has been manufactured, assembled, altered, modified, programmed, or re-programmed so as to be capable of acquiring or facilitating the acquisition of an electronic serial number, mobile identification number, personal identification number, or any code, or encoded or encrypted transmission, used in originating, facilitating, or transmitting telecommunication service without the consent of the telecommunication service provider.
VI. "Registered wireless telephone" means a wireless telephone registered with a telecommunication service provider for a fee as set by the telecommunication service provider.
VII. "Telecommunication service" means a service provided for a charge or compensation to facilitate the origination, transmission, emission, or reception of signs, signals, writings, images and sounds, or intelligence of any nature by telephone, including wireless telephone.
VIII. "Telecommunication service provider" means a person or entity providing telecommunication service including, but not limited to, a wireless telephone company which, for a fee, supplies the facility, cell site, wireless telephone switching office, registered wireless telephone, or other equipment.
IX. "Telephone cloning paraphernalia" means materials, including at least one of the items in subparagraph (a), (f), (g), or (h), that, when possessed in combination, are capable of creating a cloned cellular telephone. Telephone cloning paraphernalia includes, but is not limited to:
(a) Readers;
(b) Cellular telephones;
(c) Cables;
(d) EPROM chips;
(e) EPROM burners;
(f) Software for programming the cellular telephone with a false electronic serial number, mobile identification number, other identifiable data, or a combination of those items;
(g) Computers containing software described in subparagraph (f); and
(h) Lists of electronic serial number and mobile identification number combinations.
X. "Traffic" means to sell, buy, receive, possess, distribute, exchange, give, transfer, or dispose of an access device, defaced access device, reader, or cloned wireless telephone, or plans or instructions for making or assembling the same, to another, or to offer or agree to do the same.
XI. "Wireless telephone" means any equipment or instrument that transmits:
(a) Cellular telephone service;
(b) Personal communication service; or
(c) Any other commercial mobile radio service as defined in 47 C.F.R. 20.3.

Source. 1997, 298:30. 1998, 16:1, eff. April 15, 1998.

Section 638:22

    638:22 Criminal Acts Involving Cloned Phones and Telephone Cloning Paraphernalia; Possession or Use. –
I. A person is guilty of a misdemeanor if such person knowingly possesses or uses a cloned wireless telephone.
II. A person is guilty of a class B felony if such person knowingly possesses or uses telephone cloning paraphernalia, or possesses 2 or more unauthorized access devices or defaced access devices. The requisite knowledge or belief is presumed in the case of a person who is found in possession of 2 or more unauthorized access devices or defaced access devices.

Source. 1997, 298:30, eff. Jan. 1, 1998.

Section 638:23

    638:23 Criminal Acts Involving Cloned Phones and Telephone Cloning Paraphernalia; Traffic and Manufacture; Exclusions. –
A person is guilty of a class B felony if:
I. The person knowingly and with intent to defraud, traffics in or manufactures a cloned wireless telephone; or
II. The person knowingly and with the intent to defraud, traffics in one or more unauthorized access devices or defaced access devices; or
III. The person knowingly and with intent to defraud, traffics in or manufactures telephone cloning paraphernalia.
IV. The provisions of 638:22 and 638:23 do not apply to:
(a) Officers, employees, or agents of cellular telephone service providers who engage in conduct prohibited by this section for the purpose of constructing, maintaining, or conducting the radio telecommunication service or for law enforcement purposes pursuant to RSA 570-A;
(b) Law enforcement officers and public officials in charge of jails, police premises, sheriff's offices, department of corrections institutions, and other penal or correctional institutions, or any other person under the color of law, who engages in conduct prohibited by this section for the purpose of law enforcement or in the normal course of the officer's or official's employment activities or duties; and
(c) Officers, employees, or agents of federal or state agencies that are authorized under RSA 570-A to monitor or intercept cellular telephone service in the normal course of the officer's, employee's, or agent's employment.

Source. 1997, 298:30, eff. Jan. 1, 1998.

Section 638:24

    638:24 Restitution; Civil Action; Forfeiture. –
I. The court may, in addition to any other sentence authorized by law, sentence a person convicted of violating this subdivision to make restitution to the appropriate telecommunication service provider.
II. A telecommunication service provider aggrieved by a violation of this subdivision may, in a civil action in any court of competent jurisdiction, obtain appropriate relief, including preliminary and other equitable or declaratory relief, compensatory and punitive damages, reasonable investigation expenses, costs of suit, and attorney fees.
III. Any property used in committing, or to facilitate the commission of, offenses under this subdivision is subject to forfeiture, including but not limited to access devices, defaced access devices, readers, wireless telephones, cloned wireless telephones, computers, computer systems, computer networks, hardware, software, any data residing or stored in any of the foregoing, and radio frequency scanners.

Source. 1997, 298:30, eff. Jan. 1, 1998.

Identity Fraud

Section 638:25

    638:25 Definitions. –
In this subdivision:
I. "Personal identifying information" means any name, number, or information that may be used, alone or in conjunction with any other information, to assume the identity of an individual, including any name, address, telephone number, driver's license number, social security number, employer or place of employment, employee identification number, mother's maiden name, demand deposit account number, savings account number, credit card number, debit card number, personal identification number, account number, or computer password identification.
II. "Pose" means to falsely represent oneself, directly or indirectly, as another person or persons.
III. "Victim" means any person whose personal identifying information has been unlawfully obtained or recorded or any person or entity that provided money, credit, goods, services, or anything of value and has suffered financial loss as a direct result of the commission or attempted commission of a violation of this subdivision.

Source. 1999, 239:1, eff. Jan. 1, 2000.

Section 638:26

    638:26 Identity Fraud. –
I. A person is guilty of identity fraud when the person:
(a) Poses as another person with the purpose to defraud in order to obtain money, credit, goods, services, or anything else of value;
(b) Obtains or records personal identifying information about another person without the express authorization of such person, with the intent to pose as such person;
(c) Obtains or records personal identifying information about a person without the express authorization of such person in order to assist another to pose as such person; or
(d) Poses as another person, without the express authorization of such person, with the purpose of obtaining confidential information about such person that is not available to the general public.
II. Identity fraud is a class A felony.
III. A person found guilty of violating any provisions of this section shall, in addition to the penalty under paragraph II, be ordered to make restitution for economic loss sustained by a victim as a result of such violation.

Source. 1999, 239:1. 2004, 233:1, eff. June 11, 2004.

Section 638:27

    638:27 Venue. – If any act performed in furtherance of the offenses prohibited by RSA 638:26 occurs in this state or if any victim of the offenses prohibited by RSA 638:26 resides in this state, the offense shall be deemed to have occurred in this state.

Source. 1999, 239:1, eff. Jan. 1, 2000.

Illegal Use of Payment Card Scanning Device or Reencoder

Section 638:28

    638:28 Definitions. –
In this subdivision:
I. " Scanning device " means a scanner, reader, or any other electronic device that is used to access, read, scan, obtain, memorize, or store, temporarily or permanently, information encoded on the magnetic strip or stripe of a payment card.
II. " Reencoder " means an electronic device that places encoded information from the magnetic strip or stripe of a payment card onto the magnetic strip or stripe of a different payment card.
III. " Payment card " means a credit card, charge card, debit card, or any other card that is issued to an authorized card user and that allows the user to obtain, purchase, or receive goods, services, money, or anything else of value from a merchant.
IV. " Merchant " means an owner or operator of any retail mercantile establishment or any agent, employee, lessee, consignee, officer, director, franchisee, or independent contractor of such owner or operator. A merchant includes a person who receives from an authorized user of a payment card, or someone the person believes to be an authorized user, a payment card or information from a payment card, or what the person believes to be a payment card or information from a payment card, as the instrument for obtaining, purchasing or receiving goods, services, money, or anything else of value from the person.

Source. 2003, 210:1, eff. Aug. 29, 2003.

Section 638:29

    638:29 Use of Scanning Device or Reencoder to Defraud Prohibited. –
I. A person is guilty of the crime of using a scanning device or reencoder to defraud when the person knowingly:
(a) Uses a scanning device to access, read, obtain, memorize, or store, temporarily or permanently, information encoded on the magnetic strip or stripe of a payment card without the permission of the authorized user of the payment card and with the intent to defraud the authorized user, the issuer of the authorized user's payment card, or a merchant; or
(b) Uses a reencoder to place information encoded on the magnetic strip or stripe of a payment card onto the magnetic strip or stripe of a different card without the permission of the authorized user of the card from which the information is being reencoded and with the intent to defraud the authorized user, the issuer of the authorized user's payment card, or a merchant.
II. Using a scanning device or reencoder to defraud is:
(a) A class B felony if such person has one or more prior convictions in this state or another state for the conduct described in this section.
(b) A class B felony if such person used a scanning device or reencoder to defraud 2 or more times in violation of this section.
(c) A misdemeanor in all other cases.

Source. 2003, 210:1, eff. Aug. 29, 2003.